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2022 Supreme(Del) 1679

IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Anup Jairam Bhambhani, JJ.
Vikrant Sehrawat - Appellant
Versus
Union Of India & Ors. - Respondents
Civil Writ Petition No. 2299, 3626 of 2022, Civil Miscellaneous Application No. 6606-6607, 10745 of 2022
Decided On : 10-03-2022

Advocates appeared:
Ankur Chibber, Advocate, Ajay Digpaul, Advocate, Kamal R. Digpaul, Advocate, Kailash Chandra Bhatt, Advocate, Sanchar Anand, Advocate, Naresh Kaushik, Advocate, Anand Singh, Advocate

It is the duty of the candidates to be vigilant and check the official portal for information regarding examination schedules and admit cards.

Headnote:

Communication - Central Armed Police Forces Examination - The court rejected the contention of the petitioners that they had not received any communication from the respondents regarding the schedule and dates for the PST/PET/MST or that the petitioners had not received their admit cards for the said tests. The court emphasized that it was the petitioners' duty to be vigilant and to check the official portal for such information in a timely manner.

Fact of the Case:

The petitioners sought a direction to the respondents to call them for the Physical Standard Test (PST), Physical Efficiency Test (PET), and the Medical Standard Test (MST) under the relevant guidelines of the Central Armed Police Forces (Assistant Commandant) Examination, 2021, as they claimed they did not receive any intimation or admit cards for the tests.

Finding of the Court:

The court rejected the contention of the petitioners, stating that the petitioners had not received any communication from the respondents regarding the schedule and dates for the PST/PET/MST or their admit cards. The court found that the information was available on the official portal of the respondents, and it was the petitioners' duty to be vigilant and to check the portal for such information in a timely manner.

Issues: The primary issue was whether the petitioners had received communication from the respondents regarding the schedule and dates for the PST/PET/MST or their admit cards for the tests.

Ratio Decidendi: The court emphasized that it was the petitioners' duty to be vigilant and to check the official portal for such information in a timely manner. The court found no ground to allow the petitions as the results for PST, PET, and MST had already been sent to the UPSC for continuing further with the selection process.

Final Decision: The petitions and pending applications were dismissed by the court.

JUDGMENT

1. By way of the above captioned writ petitions bearing W.P. (C) Nos. 2299/2022 and 3626/2022, the petitioners seek a direction to the respondents to call them for the Physical Standard Test (PST); Physical Efficiency Test (PET) and the Medical Standard Test (MST) under the relevant guidelines of the Central armed Police Forces (assistant Commandant) Examination, 2021; and, if found fit, to call them for the next stage of the selection process.

2. Since the facts and issues raised, and the prayers sought, in both the writ petitions are very similar, these petitions have been heard together and are being disposed-of by this common judgment.

3. The case of the petitioners is that pursuant to Notice dated 15.04.2021 issued by the Union Public Service Commission (UPSC), the petitioners had applied for the post of assistant Commandant in the Central armed Police Forces. Both the petitioners had appeared in the written examination held on 08.08.2021; the results whereof were declared on 13.10.2021 by the UPSC vide two different Press Notes; and both petitioners were declared successful in the examination. according to the petitioners, the first Press Note contained the roll numbers of all the provisionally selected candidates who had qualified for PST, PET and MST; and the second Press Note also contained the results along with instructions regarding online submission of the Detailed application Form (DaF) by the candidates.

4. The grievance of the petitioners is that though the PST, PET and MST were scheduled and conducted by the respondents from 22.12.2021 to 31.12.2021; however, the petitioners contend that they did not receive any intimation nor the admit cards for the same; and were therefore unable to appear in these tests.

5. Learned counsel appearing on behalf of petitioners submit that the primary responsibility of intimating provisionally selected candidates about the schedule of these physical/medical tests was that of the nodal authority nominated by the respondents i.e. the ITBP; but no intimation was given to the petitioners.

6. To the contrary, learned Central Government Standing Counsel appearing on behalf of the respondents have refuted the claim made on behalf of petitioners, instead drawing attention of this court to Entry No.11 dated 09.12.2021 appearing on the portal of the respondents i.e.recruitment.itbpolice.nic.in highlighting that 'PST PET aND MST OF CaPFS aCS EXaMINaTION 2021 HaS BEEN SCHEDULED FROM 22-12-2021 ONWaRDS CaNDIDaTES MaY DOWNLOaD THEIR aDMIT CaRD FROM MENTIONED LINK IN PDF FILE'. attention of this court has also been drawn to e-mails sent to the petitioners containing the link to the admit card and intimating the schedule of the tests, supported by the certificates issued by the National Informatics Centre and M/s CISCO, evidencing that the e-mails in question were duly delivered to the petitioners. It is thereby contended that it is the petitioners who have, for their own fault, failed to appear in the aforesaid tests.

7. It is further submitted by learned counsel appearing on behalf of respondents that Press Note dated 13.10.2021 issued by them also stated that if any candidate does not receive any intimation from the nodal authority in respect of Physical Standards Tests/Physical Efficiency Test and Medical Standards Test, 'he/she may contact the HQ, DG, Indo Tibetan Border Police on Telephone No. 011-24369482/011-24369483 & e-mail ID comdtrect@itbp.gov.in and U.P.S.C.'. It is submitted that despite this, the petitioners - Vikrant Sehrawat and Nitish Malik approached the respondents only on 07.01.2022 and 20.01.2022 respectively, whereas the PST, PET and MST were conducted by the respondents between 22.12.2021 and 31.12.2021.

8. Learned counsel for respondents, on instructions, have also informed this court that the results for the PST, PET and MST have already been sent to the UPSC; and further that, around 230 candidates did not appear in the physical/medical exams; and that they have i

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